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THE OLD BAR. 



Address Delivered at the Doy- 
lestown Bar Banquet 



IN HONOR OF JUDGE HARMAN YERKES 

Upon the Occasion of His Safe Return from 
Europe, on Tliursday Evening, Sep- 
tember 35, 1903, by General 
W. W. H. Davis. 

On the removal of the seat of justice, 
from Newtown to Doylestown, 1813, 
eight members of the bar came with it, 
all young men but one. These we call 
the pioneer bar, and consisted of the 
following: Abraham Chapman, admit- 
ted 1790; Francis B. Shaw, 1800; Enos 
Morris and William Mcllheny, 1801; 

llOLlJ-l i' VJA, xoui,' ^iJ-cll/Xijiic j.,j.<ji-txvr, -iv^otTy- 
and John D. Roney and William W. 
Hart, 1812. Enos Morris remained at 
Newtown and died there. All of the 
attorneys who came to Doylestown died 
here: with the exception of Mcllheny. 

Francis B. Shaw, boru in New 
Britain, and a son of John Shaw, for 
a few years divided his time between 
Doylestown and Philadelphia, but fin- 
ally made this his permanent home. 
He was deprived of his eyesight for 
two years by a cataract, but Dr. Phi- 
sick restored it. He passed the rest of 
his life here, engaged in the law and 
journalism, and died at the age of .56. 
Mathias Morris, a native of Hilltown, 
entered politics, serving a term each in 
the State Senate and Congress. Mr. 
Hart was a native of Southampton 
township and died at Doylestown, 1815. 
The President Judge, at the time of 
the removal, as Bird Wilson, son of 
James Wilson, a signer of the Declara- 
tion of Independence, whom Washing- 
ton called "the father of the Constitu- 
tion. " 

THE FIRST FOX. 

John Fox, Deputy Attorney' General 
at the time of the change of the coun- 
ty seat, probably the ablest of the 
pioneer bar, survived them all, and the 
only one that reached the bench. He 
was born in Philadelphia and read law 



in the office of Alexander J. Dallas, 
father of Vice President Dallas. He 
was not only a well-read lawyer and 
booked in the political history of the 
country, but was familiar with Eng- 
lish literature. He was a man of plain 
speech in addressing the Court or jury, 
and dwelt on facts alone, leaving fancy 
to others, and what he said went as 
straight to the mark as the arrow flies. 
He won his spurs at the Mina-Chap- 
man murder trial, 1832. In this case 
the science of chemistry had much to 
do in reaching the truth, and experts 
and lawyers found him "a foeman 
worthy of their steel." His opinion 
in the case denying the right of suf- 
frage to negroes in Pennsylvania, 1838, 
attracted wide attention, and was 
quoted by De Tocqueville in his 
"Democracy in America. " As I read 
law in Judge Fox's office, it gave me 
opportunity to know him well. He 
possessed a pleasant personality, was 
tender and gentle in his intercourse 
with othei's, and as true as steel to his 
friends. He was the bosom friend of 
Samuel D. Ingham, Jackson's Secre- 
tary of TheTreasnry, and waXtBe'maTn" 
factor in securing him the appointment 
to the Cabinet, through the leading 
southern statesmen, with whom he 
was in close touch. Judge Fox would 
never accept public office, but had he 
entered politics would have reached the 
highest places. 

In the pioneer bar there was patriot- 
ism to the point of belligerency. The 
war with England having been declar- 
ed in 1813, the news of the capture and 
burning of Washington reached Doyles- 
town the Monday morning of Septem- 
ber Court, 1814. When court was call- 
ed, Deputy Attorney General Fox 
arose, stated the fact to Judge Wilson 
on the bench, and moved that "the 
court do now adjourn. " This the judge 
declined to do, whereupon Fox and 
Hart threw up their briefs, bade the 
court good morning, saying their coun- 
try needed their services, and walked 
out of the court room. Fox and Hart 
both served through the campaign on 
the lower Delaware, the former on the 
staff of General Worrell, the latter a 
Lieutenant of Captain Magill's Rifle 
Companj' and Adjutant of Colonel 
Humphrey's rifle regiment. 

THE SECOND PERIOD. 
In the twelve years following the re- 
moval of the county seat to Doyles- 






town, 18i;i-iy2."), there were fifteen a<l- 
uiis-^ions to tVie bar, of wliieh nuniher 
three only became prominent in the 
profession— Charles E. Dnliois, admit- 
ted lH-3(), Eleazer T. Mi-Dowell. ISJC, 
and Henry Chapman, \X'2'). The re- 
mainder were men of respectable talent, 
but a thousand and one obstacles stood 
in their way of clinibinj< the ladder of 
fame in the lej^al profession. Some had 
mistaken their callinj?. discovering 
their error when too late to remedy it; 
others lacked confidence in their ability 
to cope with their seniors, forgetting 
their places would be vacant in time 
for their juniors to fill, while still 
others, becoming disgusted with "the 
law's delays" in bringing clients and 
the receipt of fees, quit the profession. 

THE ELDER DUBOIS. 
The three we have named, as making 
the best showing of the fifteen, when I 
came here in 1S44 to read law, were in 
full practice, ami two of them, DuBois 
and Chapman, were of the committee 
that examined me for admission. Mr. 
DuBois, the elder in the profession, 
had no taste for the forensic arena; he 
was more of a chamber lawyer than an 
advocate, and in his almost half a cen- 
tury at the bar, skimmed the cream of 
the OrpkuirS' Djji ri pr'-i'-tJce, th e most 
lucrative at that daj'. At his death he 
was the Dean of the Bar Association. 
In his long career, Mr. DuBois, on two 
occasions only, became enough charmed 
■with politics to relinquish "the con- 
nings of Rush and the maxims of 
Kent" to accept political ofiice. He 
was the second postmaster of Doj'les- 
towu, being appointed in 1821, and 
subsequentlj' served one term as clerk 
of the Orphans' Court, and it was 
fortunate for his professional success he 
thus early tested his likes and dislikes 
of political life, for, had he left it 
later, it might have wrecked his 
career. 

SILVER-TONGUED M'DOWELL. 

Eleazar T. McDowell, the second of 
our group, the son of a Buckingham 
farmer, was the silver-tongued orator 
of the Bucks county bar, and a noted 
man of the period. As an advocate he 
had no equal, possessing the gift of 
eloquence to a remarkable degree. 
This, added to his fine social qualities, 
increased his popularity. I heard him 
address the .jury a few times and it 
was a pleasure to listen to his persua- 
sive eloquence. He bore such a strong 
resemblance to Daniel Webster, that on 
one occasion, at a National Convention, 
the populace wished to unhitch the 



horses fnmi his carriage and haul him 
through the streets, believing he was 
the veritable "Godlike" himself, but 
he would not permit it tu be done. 
Like Judge F'ox, McDowoll would 
never aci-ept public ofiice, though he 
allowed himself to be elected a delegate 
to the Constitutional convention of 
l.s:{7;}s. He was a worshij)i»er at the 
shrine of the muse of poetry, and, on 
the 4th of July, 1820, recited an ode he 
had written for the occasion of a cele- 
bration of the day, of which we cite 
the opening stanza: 

■' Hark ! Hark ! the drum attencis Ihe fife. 

In social uni)!i plighted ; 
Freetloin the cause, hreedo i the life, 
Won by the patri ts gory strife ! 

When foelike clouds benighted." 

A LAWYER RUNAWAY. 
Among McDowell's students was 
Emmet Quinn, from one of the up 
river townships, admitted to the bar 
in 1841, and began practice. He was 
fond of mechanics, but disliked the 
law, and only yielded to his father's 
persuasion. Not liking the practice, 
any better than the law, he resolved 

" The gordian knot of it he will unloose," 

by taking French leave. One morning 
in August, 1843, there was a rumor, 
in Doylestown, t hat Quinn had disap-_ 
peared overnigiTt] I'his created a sen-" 
sation, for the young man was popular. 
He was advertised far and near, his 
father offering to give him a favorite 
mill property, and set him up in busi- 
ness, would he return; but the appeal 
failed in bringing back the truant son. 
In after j'ears Quinn turned up in the 
Patent Office, Washington, where he 
was employed as an examiner, and his 
aspirations were partially gratified. 
Mr. McDowell died in Doylestown, 
March 12, 184.1i, at the early age of 47. 
M'DOWELL'S LOVE STORY. 

A romance attaches to the mairiage 
of McDowell that is worth the telling. 
About 18;3(), a lady, an entire stranger, 
came to Doylestown with her daughter, 
and put her to school, taking board for 
her where McDowell boarded. The 
mother left, but never returned. For 
a time remittances came regularl}' and 
then ceased altogether. The woman of 
the house explained the situation to 
Mr. McDowell, who agreed to be re- 
sponsible for the young girl's bills if she 
was not let into the secret. In the 
meantime, Cupid appeared upon the 
scene, and the situation was changed 
by the young attorney and the strange 
maiden becoming husband and wife. 

Sometime after, Mr. and Mrs. Mc- 
Dowell attended a public ball in Phila- 



delphia, and diaring the evening, she 
was annoyed by a strange, middle aged 
gentleman constantly looking at her. 
She complained to her husband, who 
demanded an explanation. This he 
willingly gave, saying he believed the 
lady he had been looking at to be his 
long lost daughter; that himself and 
wife were living in the citj'of Mexico, 
and the mother took the daughter to 
New York for medical treatment, the 
physician advised . that the young girl 
be put to school in the country, and 
they came to Doylestown by accident. 
The daughter found her father, but the 
mother was never heard of. These 
facts were told me by an intimate 
friend of Mr. McDowell. In one of 
our county papers, I found the follow- 
ing marriage notice relating to this 
couple : 

" At the residence of General Graciot, in Wash 
ington City, March lo, Ig3 , K. T. McDowell, Esq., 
to Miss Caroline Augusta Galvin, both of Doylts- 
town, Pa." 

General Graciot was commandant of 
the engineer corps, United States 
Army, at that time. 

JUDGE HENRY CHAPMAN. 

Henry Chapman, the third and last 
of our group of attorneys of 1813-35 

from his compeers in mental fibre and 
other qualities. He was not only an 
able advocate and sound lawyer and 
schooled in all the intricacies of the pro- 
fession, but a scholarly man in general 
literature. As a speaker he was calm 
and deliberate, but forcible, and when 
fully aroused was eloquent without 
making any pretence to eloquence. On 
one occasior I heard him close a case to 
the jury for the plaintiff at twilight. 
The candles and lamps had been 
brought into the old court room to 
throw a little light on the .scene, but 
the Court and jury were half obscured 
by their uncertain flickering. Mr. 
Chapman was in his best mood, for the 
case had won its way to his heart. The 
plaintiff was a woman living in the 
borough, and her character at stake. 
The jury retired, b' t shortly returned. 
The room was almost as still as death 
while the clerk was taking the verdict, 
for the case had excited deep interest; 
and, when the foreman announced, 
" We find for the plaintiff |1,000 dam- 
ages and costs," the sympathizing 
audience had their inning despite the 
Court's command for '"Silence." 

Mr. Chapman was fond of politics 
and a power in the county; and his 
success is best attested by his victories 
at the polls and a seat in the State Sen- 



ate, followed by one in the House of 
Representatives of the United States, 
and President Judge of the judicial 
districts of Chester-Delaware and 
Bucks- Montgomery. When Samuel D. 
Ingham returned home after resigning 
from Jackson cabinet, Mr. Chapman 
was selected to deliver the welcome ad- 
dress. 

ANECDOTE ABOUT CHAPMAN. 

When Chapman was in politics, the 
calling was more picturesque than in 
the twentieth century, and some amus- 
ing scenes were witnessed. One of his 
most ardent, personal and political 
friends was Thomas Hayes, known to 
some of you, and also something of a 
wag. One evening Hayes, Oliver P. 
Lunn, his business partner, and a few 
other friends of Mr. Chapman, of the 
same coterie, met at what is the pres- 
ent Fountain House, and, warming up 
in admiration of their political idol, 
resolved to pay him a visit and bring 
him out for Governor. The Judge 
then lived in the house on North Main 
street, now owned by Mrs. O. P. 
James. Hayes led the delegation, and, 
knocking at the door, they were usher- 
ed into the parlor with due ceremony. 

The Judge now made his appeal auce 
511 !J- gS. ^? ^,^roy gj'. -TY eJ come to his visi- 
tors. After passing the compliments 
of the season, Hayes proceeded to busi- 
ness by making the nominating speech. 
This abounded in flattering allusions 
to the Ju Ige's public and private 
career, and concluded by pledging the 
support of himself and friends. Hayes 
rea.sserted his personal loyalty to the 
Judge, emphasizing it by saying: "For 
you [ can jump up higher, dive down 
deeper and come up dryer than any 
other man. You are my gallant 
Harry," and, suiting the action to the 
words, Hayes slapped the Judge on the 
back. The delegation was now bowed 
out. They who knew the dignified 
character of Judge Chapman, will 
realize the ridiculousness of this per- 
formance without drawing on the 
imagination. In the evening of his 
days, Judge Chapman indulged in lit- 
erature and became the author of some 
very readable volumes. 

A BARRISTER'S TRAGIC DEATH. 

Among the young attorneys of this 
period was Joseph Hough, admitted 
1822, who met a sad and violent death 
while hunting on the mountains near 
Mauch Chunk, December 9, 1826. In 
company with some friends he was in 
pursuit of deer, and while the dogs 
were after one, another bounded up 



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near him, nt which hi' cried <mt "ii 
buck!" At this instant, a la<l oi fif- 
teen, inmu'iliati'ly in Mr. Hi)U{<li's 
rear, hastily drew his ritle from his 
shoulder, and, from unknown cause, it 
was discharged, the ball, powder and 
wad entering the back of his head, 
blowing it to pieces, and killing him 
instantly. 

LEGAL GIANTS OF THE '5Us. 

In the next twenty-five years, 182.5-50, 
there were twenty -six admissions to 
the bar, including Thomas Ross "2d, 
Stokes L. Roberts "ii2, George Lear '44, 
Elias Carver '4."j, Richard Watson '4(5, 
Edward M. Paxson '")() and N. C. 
James '51. Several of this group m?de 
their mark in the profession, some 
staying here, others going from home, 
four reaching the bench, one that of 
the Supreme Court, Mr. Pax.son, and 
another, Mr. Lear, the office of Attorney 
General. Mr. Carver and Mr. James 
were both elected District Attorney, 
the latter twice, the only time it oc- 
curred. Mr. James was president of 
the Bar Association several years and 
to his death, 1900. Thomas Ross won 
his spurs in the Mina-Chapmau trial, 
1882, and, although an attorney of only 
three years standing, held up his end 
of — 1^ cn»^ vvftit xeiiiciiKauie a6iTity, 
doing honor to the bar. Three genera- 
tions of this familj' have distinguished 
themselves in the past, while the fourth 
is in training for the laurels that 
await them. None of us have forgot- 
ten the brilliant member of the family, 
whose sudden taking off deprived the 
bench of one of its ablest jurists, with 
promise of a distinguished career, and 
robbed his friends of as chivalrous a 
gentleman as I ever met. 

Abel M. Griffith, of this group, who 
died 1846, was a picturesque character, 
and, not without ability, who walked 
our streets with a heavy cane he called 
the "Peace Maker," the terror of 
naughty boys. 

Samuel A. Bridges, who spent his 
life at Allentown, came to Doylestown 
from Connecticut and was admitted to 
the bar December 9, 1828. While here 
he occupied an office late that of 
Mathias Morris, near the site of the 
Armstrong building, but shortly re- 
moved to Allentown, where he com- 
pleted his life's work and died there. 

Among the j'oung attorneys admit- 
ted to this bar, 18:52, with the inten- 
tion of settling here, was William 
Strong, of Philadeplhia. The motion 
for his admission was made by Charles 
Evans, of whom I know nothing, Mr. 
Strong subsequently settled in 



Berks county, and liad a (lis 
tingnisht'd career, i-f-aching the bench 
of the Supreme Court of the United 
States. We regret we have not the 
time to say more of the members of 
our bar of the long ago, and of more 
recent date for much conld be said of 
a pleasant character tt)uching both their 
])ersonal and professional character. 

REMINISCENT. 

As we are about to close, we pen a 
paragraph of an episode we hope may 
repay the listener, which only two are 
living who remember, and were a part 
of and able to appreciate it at the true 
value. In the forties and early fifties, 
while Judges Crou.se and Smyser were 
on the bench, the Citizen's House, 
Pine and Court streets, now Scheetz's 
store, was then headquarters while 
court was in session. This made it 
the resort of the bar. After court had 
adjourned for the day, it was not un- 
usual to see almost the entire bar as- 
sembled at this popular hostelry, spend- 
ing all, or part of the evening talking 
politics, discussing points of law, or 
indulging in jokes, not infrequently 
seasoned with pungent wit. When the 
weather was mild enough to sit out 
doors, they ga thered on t he brpac l pave- 
ment in tront of the house. 

The late Thomas Ross took great in- 
terest in these social professional gath- 
erings, and was the life of the assem- 
blage. His gold snuff box played no 
mean part in the mental festivities that 
marked the occasion, and, when that 
was taken out, the lid tapped and re- 
moved and passed around, it was 
equivalent to serving notice on the 
company there was fun ahead, and 
that more than one fellow -member 
woul-'' suffer. If a brother possessed a 
tender spot, it was sure to be punctur- 
ed, and, by common consent, when 
wit began to sparkle, each one had to 
look out for himself. It was the "sur- 
vival of the fittest." Even the judicial 
armor failed, at times, to ward off a 
thrust of the lance, and, whatever may 
have been the effect of a thrust on the 
victim, he had the good sense to laugh 
with the rest. Of that jolly crowd, all 
have crossed the dark river with the 
exception of Mr. Carver, the father of 
the bar, and myself. 

Among others at the bar, in the same 
period, were Edward J. Fox, E Mor- 
ris Lloj^d, George H. Michener, John 
G. Michener, Caleb E. Wright and 
others who might be named. The 
Doylestown bar, at that time, had the 
reputation ,of being one of the ablest 
in the State. 



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